Frank Rubi, (Frank Rubi Real Estate, LLC)

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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

That is a really good answer. Once you have been burned by a generous act you won't do it again. Remember, no good deed goes unpunished.

Apr 11, 2015 08:58 AM
Jill Moog
Coast & Country Homes and Estates, Inc. - Carlsbad, CA
Carlsbad, CA Homes for Sale

I agree, not a good idea. They will just have to wait a little longer. When I bought my condo, the listing agent allowed me to move in a few days before escrow closed. He warned me not to get injured! Of course, I took my dog out for a walk and fell off the step! I sprained my ankle but I never even told him.  Didn't want him to worry, but I learned a big lesson that day.

Apr 11, 2015 08:54 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

If I'm representing the buyer and they ask, I will ask the listing agent.  If I'm the listing agent, I will ask the sellers (and recommend against it).  Though, if for some reason they want o agree to this I send them to a lawyer for a pre-occupancy agreement.

Apr 11, 2015 08:30 AM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Do not do it!!!!

Apr 11, 2015 06:43 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that's the smart answer, but there are situations where it's necessary and a use and occupancy would be the extreme case.... the second best is an agreement to put their personal property in the house but not sleep there and not have a key....

Apr 11, 2015 06:21 AM
Cindy Davis
SD Home Source Realty - San Diego, CA

The answer is always 'no.' I don't even bother to approach the seller with this request anymore. Even if the seller were to say 'yes,' it's just not smart.

Apr 11, 2015 05:43 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Frank -- as you stated, my suggestion/advice is to say No but I present the question to the sellers.  It's their decision.  I present the pros(as if there are any) and the cons(numerous and far-reaching).   

Apr 11, 2015 03:43 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

A move-in prior to closing is a bad idea. When I encounter a buyer who wants to do this, I share a few past horror stories with them.

Apr 11, 2015 03:23 AM
Fred Cope
Reliant Realty in Nashville, TN - Nashville, TN
Looking For Homes With A Smile

Frank, Years ago, I was permitted to move my family of five, lock, stock and barrel into a home BEFORE and WITHOUT a written contract, and without a single dollar of good faith money.  The seller was a local insurance agent, and knew me as a former minister in the community; but he was braver than I would be.  Had roles been reversed (experiencing what I have over the past thirty years),  I may have accomodated him personally, but not a stranger!


A wise seller will pick up the phone and discuss potential leagal issuses with an attorney, and  realize that Murphy may be moving in with the buyer. "IF it can go wrong, it will" not only applies to appliance & plumbing failures; but mortgage loans, employment, medical issues, etc. SELLER BEWARE!!!

Apr 11, 2015 12:17 PM
Russ Ravary ~ Metro Detroit Realtor call (248) 310-6239
Real Estate One - Commerce, MI
Michigan homes for sale ~

Mine is no because of the legal liability and because of the possibility of the deal not closing

Apr 11, 2015 10:27 AM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

Occasionaly.  I prefer not to do this...maybe into a garage or shed with some boxes of personal stuff.

Apr 11, 2015 09:56 AM
Mark Don McInnes, Sandpoint-Idaho
Sandpoint Realty LLC - Sandpoint, ID
North Idaho Real Estate - 208-255.6227

Frank, as with you a "NO" is usually the answer.  On occassions a rent back may be asked for but asking for a possible can of worms in doing so.  Mark

Apr 11, 2015 07:12 AM
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

We do not want any liability issues, Mr. Buyer.

Apr 13, 2018 11:10 PM
Yolanda Cordova-Gilbert
Richmond, TX

It is not allowed in Texas and I have not found a builder yet that will allow it. Although I had a realtor ask me if her clients could have an exception and told me to ask my boss and my boss told me to tell her no and tell that comes from my boss! SO NO WAY!

Apr 12, 2015 07:18 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I've done seller rent-backs before but never have I had a buyer move in prior to close.

Apr 11, 2015 01:01 PM